New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

SUSAN MASON v. OLD TIME POTTERY, INC., et al.
Court:TSC - Workers Comp Panel
Attorneys:
Luther E. Cantrell, Jr., Nashville, Tennessee, for the appellant,
Susan Mason.
Robert R. Davies, Nashville, Tennessee, for the appellee, Old Time
Pottery.
E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee,
for the appellee, James Farmer, Director of the Division of Workers'
Compensation, Tennessee Department of Labor, Second Injury Fund.
Judge: CATALANO
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law. The plaintiff, Ms. Susan Mason, appeals the judgment of the
trial court dismissing the case at the conclusion of trial after
finding that Ms. Mason did not sustain a compensable workers'
compensation injury because did not carry her burden of proof that the
fall she had while working for the defendant, Old Time Pottery,
aggravated her pre-existing condition and/or caused her to have back
surgery. The trial court also ruled that had it found that this had
been a work-related injury it would have awarded Ms. Mason a 35%
permanent partial disability to the body as a whole. For the reasons
set out in this opinion, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TSC_WCP/masonsusan.wpdSTATE OF TENNESSEE v. CHARLIE LOGAN
Court:TCCA
Attorneys:
Randall A. York, Crossville, Tennessee, for the appellant, Charlie
Logan.
Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; Bill Gibson, District Attorney General;
and Dale Potter, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant was indicted on twelve counts of aggravated rape and six
counts of statutory rape. He pled guilty to four counts of statutory
rape, a Class E felony, with an agreed sentence of two years on each
count, to be suspended upon service of thirty days. The trial court
ordered the sentences to run consecutively, which ruling the Defendant
now appeals. The Defendant also appeals the court's denial of his
application for judicial diversion. We affirm the judgment of the
trial court.
http://www.tba.org/tba_files/TCCA/loganc.wpd
STATE OF TENNESSEE v. KERMIT PENLEY, JAMA PENLEY and ANGELA CUNNIFF
Court:TCCA
Attorneys:
Paul G. Summers, Attorney Genereal & Reporter, Jennifer L. Smith,
Assistant Attorney General, for the appellee, State of Tennessee
Susanna Laws Thomas, Newport, Tennessee, for the appellee, Kermit
Penley.
Francis Xavier Santore, Francis X. Santore, Jr., Greeneville,
Tennessee, for the appellee, Jama Penley.
William Louis Ricker, William Hall Bell, Greeneville, Tennessee, for
the appellee, Angela Michelle Cunniff.
Judge: WITT
First Paragraph:
The State of Tennessee has applied to this court for permission to
pursue an interlocutory appeal pursuant to Tennessee Rule of Appellate
Procedure 10. In its application, the State complains that because
the grand jury had yet to take action to charge the respondents in
connection with a homicide, the Greene County Circuit Court was not
empowered to conduct pretrial conferences, to enter pretrial orders,
to set a trial date, or to order the state to file its notice of
intent to seek the death penalty or life without possibility of
parole. We grant the Rule 10 appeal and generally vacate the lower
court's pretrial conference orders.
http://www.tba.org/tba_files/TCCA/penley.wpd
STATE OF TENNESSEE v. FRANK MICHAEL VUKELICH
Court:TCCA
Attorneys:
Everett Williams, JJ., joined.
Peter J. Strianse, Nashville, Tennessee, for appellant, Frank Michael
Vukelich.
Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and John Zimmermann, Assistant District Attorney, for
appellee, State of Tennessee.
Judge: SMITH
First Paragraph:
On December 8 through December 17, 1998, Frank Vukelich, the Defendant
and Appellant, was tried in the Davidson County Criminal Court for one
count of conspiracy to deliver 700 pounds or more of marijuana, three
counts of conspiracy to commit money laundering, and five counts of
money laundering. The jury found the Defendant not guilty of one
count of conspiracy to commit money laundering, but guilty on all
other counts. Following a subsequent sentencing hearing, the court
effectively sentenced the Defendant to thirty-four years of
incarceration and ordered the Defendant to pay fines totaling
$180,000. After a hearing regarding the Defendant's motion for new
trial, however, the trial court dismissed four money laundering
counts. The Defendant appeals here, arguing; (1) that the trial court
erroneously allowed the consolidation of indictments; (2) that
although the trial court correctly dismissed four money-laundering
counts, the trial court erred by refusing to dismiss the counts prior
to trial, thus prejudicing the Defendant; (3) that the trial court
erroneously denied the Defendant's motion to suppress the fruits of
two search warrants executed at the Defendant's home; (4) that the
Defendant's confrontation rights were violated by the introduction of
hearsay at trial; (5) that the trial court erroneously refused to
grant a mistrial; (6) that the trial court erroneously allowed the
introduction of prior acts of the Defendant at trial; and (7) that his
sentence is excessive. The State also appeals here, arguing that the
trial court's dismissal of the four money-laundering counts was
erroneous. After a review of the record, we hold that the trial court
erroneously dismissed the four money laundering counts, and those
counts must be reinstated. As to the Defendant's claims, we find no
merit. Accordingly, the judgment of the trial court is affirmed in
part and reversed in part.
http://www.tba.org/tba_files/TCCA/vukelichfrank.wpd

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